You will need to demonstrate that your business plans to open an office in the UK if you’re using a Sole Representative Visa to establish a UK branch or subsidiary of your foreign company. That’s where the Genuineness Test kicks in. You can get the rest here: Here is what you need to know about the test and how it impacts your application.
Why Was the Test of Genuineness Developed?
The UK government abolished the Tier 1 (Entrepreneur) Visa in 2019 and replaced it with the Start-up and Innovator Visas which are more demanding. This made some applicants fear that they could try to abuse the Sole Representative Visa and subsequently come to the UK without the intent of opening a business there.
It introduced the Genuineness Test to make sure that the entrant actually intends to open a UK branch or subsidiary of their foreign-based enterprise, and is not a visa-for-all.
What Is the Genuineness Test of a Sole Representative Visa?
When you apply for a Sole Representative Visa, the Home Office will decide:
- The overseas company does want to bring into the UK.
- The agent is trained and experienced to open and manage a UK office.
- No UK office will be created just to allow the applicant to enter the UK.
If the Home Office doesn’t feel the business and the applicant qualifies under these conditions, the application can be rejected.
Key Aspects of the Genuineness Test
The Genuineness Test aims to ensure that:
- The overseas business is actively trading and has genuine plans to establish a branch or subsidiary in the UK.
- The representative must be a senior employee with the authority, knowledge, and skills to represent the business in the UK.
- The business must not be created just for the purpose of giving the applicant a visa to live and work in the UK.
What Evidence Do You Need to Provide?
When applying, you must show clear evidence that:
- The overseas business is lawfully trading and has been established for some time.
- The UK branch or subsidiary has not been set up just to facilitate the applicant’s entry into the UK.
- The representative has the skills, knowledge, and experience to manage and run the UK operation.
This could include documents such as:
- Proof of the overseas business’s trading history.
- Evidence of any plans or strategies for the UK expansion.
- Details about the business’s financial situation and structure.
Additional Evidence the Home Office May Request
If your overseas business is new, has few employees, or doesn’t have much evidence of trading activity, the Home Office may ask for more proof of your business’s genuine plans to expand in the UK.
If your business has no previous record of international operations, or if there’s little to no evidence of online or physical trading, you may need to provide extra documentation.
Important Notes
The Home Office will not automatically reject applications just because your business has limited trading activity or is newly established. However, these factors may raise questions about the genuineness of your application, and you’ll need to address them by providing clear evidence to support your case.
Legal Support for Your Sole Representative Visa
The Genuineness Test is now a critical part of the Sole Representative Visa application process. If you’re unsure about the requirements or need help providing the right evidence, it’s a good idea to consult an immigration lawyer.
Law and Visas can help you understand the Genuineness Test and make sure you provide all the necessary documents to increase your chances of a successful application. Don’t risk your UK expansion plans—get expert legal support to guide you through the process.
